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NLRB Delays New Election Rule in Response to AFL-CIO Challenge


Last week we learned that the AFL-CIO had sued the NLRB over its new election rule, aiming to invalidate the rule and force the NLRB to go through the rulemaking process before the rule takes effect. 

Now, in response to the lawsuit, the NLRB announced it would be delaying the implementation of the rule until June 1, back from April 16, 2020. The lawsuit between the NLRB and AFl-CIO was also put on expedited schedule so that a resolution may be possible before the new June 1 effective date.  

The NLRB’s postponement of the employer-friendly rules comes during a time in which it has closed several of its offices and postponed all union elections until April 3, in response to the COVID-19 pandemic. 

The court set a hearing for the week of May 11 at which point we may learn more about the fate of the election rule. 


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